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Incorporating Indigenous Rights in the International Regime on Biodiversity Protection: Access, Benefit-sharing and Conservation in Indigenous Lands

Federica Cittadino

ISBN13: 9789004364196

Published: September 2019

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £166.00

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In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Subjects:: Environmental Law, Public International Law

Contents:: Abbreviations; Table of Treaties; Table of Cases; Introduction; 1. Aim of the Book; 2. Defining the Scope of the Book: Who Are Indigenous Peoples?; 3. Outline of the Book; 1. Indigenous Rights and the Protection of Biodiversity: State of the Art; 1. The Human Rights Approach to Environmental Protection: the Case of Indigenous Peoples; 1.1 The Global Mechanisms of Human Rights Protection; 1.1.1 The Human Rights Committee; 1.1.2 The Committee on the Elimination of Racial Discrimination (cerd); 1.1.3 The Committee on Economic, Social and Cultural Rights; 1.1.4 The ilo Monitoring System; 1.2 The Regional Mechanisms of Human Rights Protection; 1.2.1 The Inter- American System; 1.2.2 The African Human Rights Mechanisms; 1.2.3 The European Court of Human Rights; 1.2.4 Asia and Oceania: National Cases and Contamination; 1.3 Main Common Trends and Differences; 1.4 An Assessment of the Traditional Approach; 2. Indigenous Rights in the cbd: State of the Art and Underlying Problems; 2.1 The cbd: Objectives, Structure, and Functioning; 2.2 The cbd and Indigenous Peoples; 3. Indigenous Rights in the cbd: beyond the Human Rights Approach to Environmental Protection; 2. Incorporating Indigenous Rights into the cbd: an Interpretative Approach; 1. The Rights of Indigenous Peoples; 1.1 The Right to Land; 1.2 The Right to Natural Resources; 1.3 Cultural Rights; 1.4 Participatory Rights; 1.5 The Right to Autonomy; 1.6 The Right to Self- Determination; 1.7 Some Considerations on the Corpus of Indigenous Rights; 2. The Legal Status of Indigenous Peoples' Rights; 2.1 Treaty Rights; 2.2 Customary Law: Human Rights Law and the UN Declaration; 3. Self- Determination as a General Principle of International Law; 4. Incorporating Indigenous Rights into the cbd through Systemic Interpretation and the Principle of Self- Determination; 3. Access and Benefit- Sharing and Indigenous Peoples: Applying the Interpretative Approach; 1. abs and Indigenous Rights: Interpretative Problems and Harmonisation; 2. The Incorporation of Indigenous Rights into the International Regime on abs; 2.1 Access to Traditional Knowledge; 2.1.1 The Link between Article 8(j) cbd and abs; 2.1.2 Consent, Approval and Involvement; 2.1.3 The Notion of Traditional Knowledge Associated with Genetic Resources; 2.1.4 The Definition of Utilisation of Traditional Knowledge; 2.2 Access to Genetic Resources Owned by Indigenous Peoples; 2.3 Benefit- Sharing; 2.3.1 Multilateral Benefit- Sharing: a Comparison with itpgrfa; 2.4 Tools for Reconciliation and Main Limitations; 2.4.1 Tools for Reconciliation; 2.4.2 Gaps and Limitations; 3. Unveiling the Relevance of Indigenous Rights and the Principle of Self- Determination: Applying the Interpretative Approach; 4. Conservation, Protected Areas and Indigenous Peoples: Applying the Interpretative Approach; 1. Conservation and Indigenous Rights: Interpretative Problems and Harmonisation; 2. The Incorporation of Indigenous Rights into International Conservation Regimes; 2.1 Developments in the cbd: Indigenous Participatory Rights; 2.1.1 Participatory Rights and Ecosystem Approach; 2.1.2 Participatory Rights and Protected Areas; 2.1.3 Participatory Rights and icca s; 2.2 Developments in the whc: Indigenous Participatory Rights; 2.2.1 Participatory Rights and the Creation and Management of World Heritage Sites; 2.2.2 Participatory Rights and Mining in World Heritage Sites; 2.3 Common Elements: Tools for Reconciliation and Limitations; 3. Unveiling the Relevance of Indigenous Rights and the Principle of Self- Determination: Applying the Interpretative Approach; Conclusion Avenues for Harmonisation with Indigenous Rights: the cbd and Beyond; 1. A Reasoned Summary: the Role of Self- Determination in Fostering Harmonisation; 2. Against All Odds: Where the cbd Regime Is More Protective than Human Rights Law; 3. The cbd Regime and Contamination with Indigenous Rights; 4. The Global Relevance of Indigenous Rights and Future Avenues for Research; Bibliography; Index